ML17265A486
| ML17265A486 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 12/14/1998 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML17265A487 | List: |
| References | |
| NUDOCS 9812240017 | |
| Download: ML17265A486 (25) | |
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e UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&4001 SAFETY EVALUATIONBYTHE OFFICE OF NUCLEAR REACTOR REGULATION PROPOSED CORPORATE REORGANIZATION OF ROCHESTER GAS AND ELECTRIC CORPORATION DOCKET NO. 50-244 R.
E. GINNA NUCLEAR POWER PLANT
1.0 INTRODUCTION
By application dated July 31, 1998, as supplemented August 18, 1998, and September 14, 1998, Rochester Gas and Electric Corporation (RG&E), informed the U.S. Nuclear Regulatory Commission (NRC) that a corporate restructuring is proposed that willresult in the creation of a holding company (Holdco), of which RG&E would become a subsidiary.
In addition, unregulated businesses of RG&E would also become subsidiaries of Holdco. RG&E is the sole owner and operator of the R. E. Ginna Nuclear Power Plant.
The proposed restructuring is in accordance with policy direction from the New York State Public Service Commission implementing the state's restructuring goals.
Under the restructuring plan, the outstanding shares of RG&E's common stock are to be exchanged on a share-for-share basis for common stock of Holdco, such that all of the outstanding common stock of RG8 E willbe owned by Holdco, subject to the exercise of any shareholder's dissenters rights. Afterthe restructuring, RG&E willcontinue to be an electric utilityas defined in 10 CFR 50.2, and willcontinue to be engaged in the business of generating, transmitting, and distributing electricpower.
RG&EwillremainthesoleownerandoperatorofGinna.
No direct transfer of the operating license or ownership interest in the station willresult from this restructuring.
Pursuant to 10 CFR 50.80, the Commission may approve the transfer of the control of a license, after notice to interested persons.
Such action is contingent upon the Commission's determination that the holder of the license following the transfer of control is qualified to hold the license and the transfer is otherwise consistent with applicable provisions of law, regulations, and orders of the Commission.
2.0 FINANCIAL UALIFICATIONSANALYSIS I
Rochester Gas 8 Electric Corporation states in the application that following the proposed restructuring RG8 E willcontinue to be an electric utilityas defined in 10 CFR 50.2, engaged in the generation, transmission, and distribution of electric energy.
Wholesale and retail rates will continue to be regulated by the Federal Energy Regulatory Commission and the New York State Public Service Commission.
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6, tia The application states that the reorganization willnot have an adverse impact on RG&E's ability to fulfillits responsibilities under its NRC license.
There will be no adverse effect on the ability of the Applicant to meet its financial obligations with respect to future operating and capital requirements for Ginna or to meet its decommissioning funding obligations. As an electric utility, RG&E is exempt from further financial qualifications review, pursuant to 10 CFR 50.33(f). However, in view of the NRC's concern that restructuring can lead to a diminution of assets necessary for the safe operation and decommissioning of a licensee's nuclear power plant, the NRC's practice has been to condition license transfer approvals upon a requirement that the licensee not transfer significant assets from the licensee to an affiliate without first notifying the NRC. This requirement assists the NRC in assuring that a licensee willcontinue to maintain adequate resources to contribute to the safe operation and decommissioning of its facility. Thus, the following should be made a condition of the order approving the application regarding the proposed restructuring:
Rochester Gas and Electric Corporation shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from RG8 E to its proposed parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of RG8 E's consolidated net utilityplant as recorded on RG&E's book of accounts.
3.0 TECHNICAL UALIFICATIONS RG8 E stated in its application that the new holding company structure willnot affect the management of nuclear operations or RG&E's technical qualifications.
RG8 E will remain as a discrete and separate entity under the new holding company structure and willcontinue to be responsible for facility operations and meeting the technical qualifications requirements of the operating licenses.
No RG8 E nuclear management positions willbe changed as a prerequisite or direct result of the corporate restructuring.
Accordingly, the NRC staff concludes that the proposed restructuring willnot impact the technical qualifications of RG&E.
4.0 ANTITRUSTREVIEW Section 105 of the Atomic Energy Act of 1954, as amended (the Act), requires the Commission to conduct an antitrust review in connection with an application for a license to construct or operate a facility under Section 103. The R.E. Ginna Nuclear Power Plant was licensed under
'ection 104b and, as a result, is not subject to an antitrust review by the staff in connection with the application regarding the proposed creation of a holding company.
5.0 FOREIGN OWNERSHIP CONTROL OR DOMINATION The application from RG&E states that its current holders of common stock willbecome holders of the common stock of Holdco on a share-for-share basis.
Therefore, immediately following the reorganization, the common stock of Holdco willbe owned by the previous holders of RG8 E's common stock in substantially the same proportions in which they held
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RG8 E's common stock.
Less than one percent of the total outstanding shares are currently held by foreign persons or entities. According to the application, RG&E is not now, and willnot be following the'proposed restructuring, owned, controlled, or dominated by an alien, foreign corporation, or foreign government.
The staff has no reason to believe otherwise.
6.0 CONCLUSION
S In view of the foregoing, the NRC staff concludes that the proposed restructuring of RG8 E by creation of a holding company willnot adversely affect the financial or technical qualifications of RG8 E with respect to the operation and decommissioning of the R.E. Ginna Nuclear Power Plant. Also there do not appear to be any problematic antitrust or foreign ownership considerations that would result from the proposed restructuring.
Thus, the proposed restructuring willnot affect the qualifications of RG8E as a licensed owner and operator of Ginna, and the transfer of control of the license, to the extent effected by the proposed restructuring, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.
Accordingly, the NRC should approve the application regarding the proposed restructuring, subject to the condition discussed above concerning significant asset transfers.
Principal Contributor.
M. Davis Date:
December 14, 1998
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Vice President, Nuclear Ooerations Rochester Gas and Elec Corporation 89 East Avenue Rochester, NY 14649
SUBJECT:
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTTO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANTHAZARDS CONSIDERATION DETERMINATION,AND OPPORTUNITY FOR A HEARING (TAC NO. MA6927)
Dear Dr. Mecredy:
Enclosed is a copy of a "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination and Opportunity for a Hearing," for your information. This notice relates to your application for amendment dated October 20, 1999,in which you proposed to change the footnote to the Improved Technical Specifications associated with the Design Features Fuel Storage Specification 4.3.1.1.b which required that 2300 ppm boron be maintained in the Spent Fuel.
Pool for the R. E Ginna Nuclear Power Plant until December 31, 1999.
The footnote would be changed to require 2300 ppm boron be maintained until June 30, 2001.
This notice has been forwarded to the Office of the Federal Register for publication.
Sincerely, Docket No. 50-244
Enclosure:
As stated cc w/encl: See next page DISTRIBUTION:
Original signed by:
1 Guy S. Vissing, Sr. Project Manager, Section 1
Project Directorate I
Division of Licensing Project Management Office of Nuclear Reactor Regulation File Center PUBLIC PDI-1 R/F E. Adensam S. Peterson S. Little G. Vissing OGC ACRS M. Oprendek, RI DOCUMENT NAME: G:>PDI-15GINNALINDA6927.WPD To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No co OATE GV1ssing/rsl ll/ ~/99 OFFICE PH: POI-1 E
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Dr. Hooert U. lviecreoy Vice President, Nuclear rations Rochester Gas and Elec orporation 89 East Avenue Rochester, NY 14649 November 1S, 1999
SUBJECT:
NOTICE OF CONSIDERATION'OF ISSUANCE OF, AMENDMENTTO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANTHAZARDS CONSIDERATION DETERMINATION,AND OPPORTUNITY FOR A HEARING (TAC NO. MA6927)
Dear Dr. Mecredy:
Enclosed is a copy of a "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination and Opportunity for a Hearing," for your information. This notice'relates to your application for amendment dated October 20, 1999,in which you proposed to,change the footnote to the Improved Technical Specifications associated with the Design Features Fuel Storage Specification 4.3.1.1.b which required that 2300 ppm boron be maintained in the Spent Fuel
'ool for the R. E Ginria Nuclear Power Plant until December 31, 1999.
The footnote would be changed to require 2300 ppm boron be maintained until June 30, 2001.
This notice has been forwarded to the Office of the Federal Register for publication.
Sincerely, Original signed by:
Docket No. 50-244
Enclosure:
As stated cc w/encl: See next page DISTRIBUTION:
Guy S. Vissing, Sr. Project Manager, Section 1
Project Directorate I
Division of Licensing Project Management Office of Nuclear Reactor Regulation File Center PUBLIC PDI-1 R/F E. Adensam S. Peterson S. Little G. Vissing OGC
- ACRS, M. Oprendek, Rl DOCUMENT NAME: G'APDI-15GINNAEINDA6927.WPD To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No co OFFICE DATE PH: PDI-I GVissing/rsl 11/ ~/99 E
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.c. 20555-000I November 15, 1999 Dr. Robert C. Mecredy Vice President, Nuclear Operations Rochester Gas and Electric Corporation 89 East Avenue Rochester, NY 14649
SUBJECT:
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTTO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANTHAZARDS CONSIDERATION DETERMINATION,AND OPPORTUNITY FOR A HEARING (TAC NO. MA6927)
Dear Dr. Mecredy:
Enclosed is a copy of a "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination and Opportunity for a Hearing," for your information. This notice relates to your application for amendment dated October 20, 1999, in which you proposed to change the footnote to the Improved Technical Specifications associated with the Design Features Fuel Storage Specification 4.3.1.1.b which required that 2300 ppm boron be maintained in the Spent Fuel Pool for the R. E Ginna Nuclear Power Plant until December 31, 1999.
The footnote would be changed to require 2300 ppm boron be maintained until June 30, 2001.
This notice has been forwarded to the Office of the Federal Register for publication.
Sincerely,
~~MP".
Guy S. Vissing, Sr. Pr ect Manager, Section 1
Project Directorate I
Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244
Enclosure:
As stated cc w/encl: See next page
R.E. Ginna Nuclear Power Plant Peter D. Drysdale, Sr. Resident Inspector R.E. Ginna Plant U.S. Nuclear Regulatory Commission 1503 Lake Road Ontario, NY 14519 Regional Administrator, Region I
U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA. 19406 Mr. F. William Valentino, President New York State Energy, Research, and Development Authority Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-6399 Charles Donaldson, Esquire Assistant Attorney General New York Department of Lalw 120 Broadway New York, NY 10271 Nicholas S. Reynolds Winston & Strawn 1400 S Street N.W.
Washington, DC 20005-3502 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl AdministratorMonroe County Office of Emergency Preparedness 111 West Falls Road, Room 11 Rochester, NY 14620 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223
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7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ROCHESTER GAS AND ELECTRIC CORPORATION DOCKET NO. 50-244 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTTO FACILITYOPERATING LICENSE PROPOSED NO SIGNIFICANTHAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-18 issued to Rochester Gas and Electric Corporation (the licensee) for operation of the R. E. Ginna Nuclear Power Plant located in Wayne County, New York.
The proposed amendment would change the footnote to the Improved Technical Specifications associated with the Design Features Fuel Storage Specification 4.3.1.1.b which required that 2300 ppm boron be maintained in the Spent Fuel Pool until December 31, 1999.
The footnote would be changed to require 2300 ppm boron be maintained until June 30, 2001.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
The Commission has made a proposed determination that the amendment request involves no significant hazards consideration.
Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
As
required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:
Evaluation of Administrative Chan e
The administrative change associated with the revision of the date specified in the Specification 4.3.1.1.b note associated with maintaining spent fuel pool boron concentration [greater than or equal to] 2300 ppm at all times until a permanent resolution can b'e implemented does not involve a significant hazards consideration as discussed below:
1)
Operation of Ginna Station in accordance with the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
The change revises the required completion date for resolution of a boraflex degradation issue.
As described in the bases for LCO
[limitingcondition for operation] 3.7.12, increases in spent fuel pool temperature, with the corresponding decrease in water density and void formation from boiling, will generally result in an decrease in reactivity due to the decrease in moderation effects. The only exception are temperature bands where positive reactivity is added as a result of the high boron concentration.
This effect is bounded by the reactivity added as a result of a misloaded fuel assembly.
With respect to the more limiting dropped fuel assembly accidents, boraflex neutron absorber panels were originally assumed in the criticalityanalysis.
Requiring a high concentration of soluble boron in place of boraflex panels ensures that the spent fuel pool remains subcritical with k,[less than or equal to] 0.95 for these accidents. Fuel assembly movement willcontinue to be controlled in accordance with plant procedures and LCO 3.7.13 which specifies limits on fuel assembly
'torage locations.
Periodic surveillances of boron concentration are required every 7 days with level verified every 7 days during fuel movement per LCO 3.7.11.
Due to the large inventory within the spent fuel pool, dilution of the soluble boron within the pool is very unlikely without being detected by operations personnel during auxiliary operator rounds or available level detection systems.
There is also a large margin between the analyzed boron
, - concentration to maintain the pool subcritical k,[less than or equal to] 0.95 and the current required value.
The extension of the date does not invalidate this conclusion.
Therefore, the probability or consequences of an accident previously evaluated is not significantly increased.
2)
Operation of Ginna Station in accordance with the proposed change does not create the possibility of a new or'ifferent kind of accident from any accident previously evaluated. Revising the date for requiring that 2300 ppm boron be maintained in the spent fuel pool, to address any potential dissolution of boraflex in neutron absorber panels, does not create the possibility of a new or different kind of accident since the spent fuel pool is required to be maintained with a high boron concentration.
Assuming a boron dilution event to the level required to reach k,> 0.95 conditions within the spent fuel pool would require either overfill of the pool or a controlled feed and bleed process with unborated water.
In both
3)
- cases, more than 105,000 gallons of unborated water would be required to reach k,.> 0.95. There is no source of unborated water of this size available to reach the spent fuel pool under procedural control or via a pipe break other than a fire water system pipe break or SW [service water) leak through the spent fuel pool heat exchangers.
However, there are numerous alarms available. within the control room to indicate this condition including high spent fuel pool water level and sump pump actuations within the residual heat removal pump pit (lowest location in the AuxiliaryBuilding). Auxiliaryoperators also perform regularly scheduled tours within the AuxiliaryBuilding. This provides sufficient time to terminate the event such that there is no credible spent fuel pool dilution accident.
Therefore, the possibility for a new or different kind of accident from any accident previously evaluated is not created.
Operation of Ginna Station in accordance with the proposed change does not involve a significant reduction in a margin of safety.
High levels of soluble boron in the spent fuel pool provides a significant negative reactivity such that k,<< is maintained [less than or equal to] 0.95. The proposed surveillance frequency will ensure that the necessary boron concentration is maintained.
A boron dilution event which would remove the soluble boron from the pool has been shown to not be credible. Therefore, this change does not involve a significant reduction in a margin of safety; I
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration..
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice willbe considered in making any final determination.
Normally, the Commission will not issue the amendment until the'expiration of the 30-day notice period.
However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration.
The final determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the FEDERAL REGISTER a notice of issuance and provide for opportunity foi a hearing after issuance.
The Commission expects that the need to take this action willoccur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number. of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m.
to 4:15 p.m. Federal workdays.
Copies of written comments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
ByDecember 20, 1999, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facilityoperating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR 2.714 which is available at the S
Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and accessible electronically through the ADAMS Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov). If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission'or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board
Panel, will rule on the request and/or petition; and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding.
The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Act to be made party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest.
The petition should also identify the specific aspect(s) of the subject matter of the proceeding as to which petitioner wishes to intervene.
Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than 15 days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated. in the matter.
Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted.
In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing.
The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion Petitioner must provide sufficient information to show that a genuine dispute exists with the
applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration.
The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing.
Any hearing held would take place after issuance of the amendment.
If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date.
A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Nicholas S. Reynolds, Winston & Strawn, 1400 L Street, NW., Washington, DC 20005, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental'etitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.71 4(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the application for amendment dated October 20, 1999, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and accessible electronically through the ADAMS Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).
Dated at Rockville, Maryland, this15thaay of November 1999.
FOR THE NUCLEAR REGULATORY.COMMISSION Guy
. Vissing, Senior roject Manager Project Directorate Division of Licensing Project Management Office of Nuclear Reactor Regulation
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PDR ADOCK 06000244 P Docket: 06000244, Notes: License Exp date in accordance with 10CFR2,2.109(9/19/72).
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